Enforcement and recognition of foreign awards made in international arbitrations: as easy as one, two, three…

Sep 6, 2023 | NZIAC

By Maria Cole A Court’s hands can be tied if a party does not ask for its assistance. In this case, the losing parties in an international arbitration had a foreign award enforced against them because they failed to ask the local Court to consider the law on when...

Federal Court of Australia Enforces Foreign Arbitral Award of $40 Million

Jul 30, 2023 | Arbitration, Enforcement of award, International Disputes, NZIAC

By Sam Dorne In Guoao Holding Group Co Ltd v Xue (No 2) [2022] FCA 1584, the Federal Court of Australia granted enforcement in Australia of a foreign arbitral award issued in China, and dismissed objections that enforcement would be contrary to Australian public...

Arbitrator’s Exercise of Phantom Jurisdiction

Jul 19, 2023 | Arbitration, International Disputes, NZIAC

By Richard Pidgeon   In CMB v Fund, Cattle and Management [2023] HKCFI 760, the Hong Kong Court of First Instance ruled that a pre-emptive arbitration should be set aside as there was no dispute between the immediate parties to the arbitration and the award was...

An Orthodox Operation of Religious Arbitration

Jul 12, 2023 | Arbitration, International Disputes, NZIAC

By Richard Pidgeon   In Tayar v Feldman [2022] FCA 1432, the Federal Court of Australia considered the enforcement of an arbitral award at the intersection of Orthodox Jewish law and the secular Commercial Arbitration Act (Victoria) 2011 and Bankruptcy Act 1966...

Subject matter arbitrability: Singaporean seat

Jun 21, 2023 | Arbitration, International Disputes, NZIAC

By Richard Pidgeon   In Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1, the Singaporean Court of Appeal settled on a new composite approach to addressing pre-award arbitrability, namely review of the public policy position of the subject...

Husky v Whittaker’s appeal outcome: Ontario Court of Appeal upholds stay of court proceedings for referral to NZIAC arbitration

Jun 7, 2023 | Adjudication, Arbitration, NZIAC

By Richard Pidgeon In Husky Food Importers & Distributors Limited v JH Whittaker & Sons Limited, 2023 ONCA 260, the Ontario Court of Appeal has provided guidance on the test and standard of proof required to stay court proceedings in favour of an arbitration...

When can an arbitrator voluntarily resign and what are the implications for the arbitration?

Jan 25, 2023 | Arbitration, International Disputes, NZIAC

By Maria Cole Circumstances can arise when an arbitrator in a domestic arbitration needs to voluntarily resign their appointment. But what is the status of the arbitration if this occurs? Does the court have jurisdiction to step in? This article looks at a recent...

The nuts and bolts of appealing an arbitral award when you need the Court’s leave

Jul 25, 2022 | Arbitration, International Disputes, NZIAC

By Maria Cole What is involved when you want to appeal an arbitral award but need leave from the High Court to get a foot in the door? Two recent decisions out of Hong Kong and New Zealand look at different aspects of the application process. Any party to an...

Lifestyles of the rich and famous: polo clubs and (non) party parties

Jul 12, 2022 | Arbitration, International Disputes, NZIAC

By Maria Cole and Michelle Rubaduka   A company that acquired the Beverly Hills Polo Club trade mark was found by the English Court of Appeal to be bound by an arbitration clause in an agreement entered into by its predecessor owner of the trade mark.[1] The...

The importance of certainty in international arbitration agreements

Jul 12, 2022 | Arbitration, International Disputes, NZIAC

By Sam Dorne   The UK Supreme Court has once again looked at how to determine the law that applies to an international arbitration agreement in the case of Kabab-Ji SAL v Kout Food Group [2021] UKSC 48. An interesting set of facts led the Court to look at an...

Husky Food Importers & Distributors Ltd v JH Whittaker & Sons Ltd [2022] ONSC 1679

Jul 6, 2022 | Arbitration, International Disputes, NZIAC

By Elliott Couper and Jack Davies New Zealand confectionary and chocolate manufacturer, JH Whittaker & Sons Ltd (Whittaker’s), has brought a successful motion to stay litigation commenced against it by Husky Food Importers & Distributors Ltd (Husky) in the...

All dressed up but nowhere to go: Recognition but no enforcement of ICSID awards

Jun 28, 2022 | Arbitration, Enforcement of award, International Disputes, NZIAC

By Dr Anna Kirk and Belinda Green Foreign arbitral awards can be recognised and enforced in other countries by virtue of the provisions of the New York Convention. This is typically a quick and easy process. But two recent cases have been anything but. Why? Because...